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Town officials say affidavit is needed before suing over 16 Maine; town can secure property if owner fails to act

Maryland Board of Commissioners · October 8, 2024
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Summary

Officials reported the town is awaiting an abstractor's affidavit needed to file suit related to 16 Maine; staff discussed sending an owner notice and the authority to secure the building (board up windows, lock entrances) if the owner does not make repairs within seven days.

The mayor and town attorney discussed next steps on the property at 16 Maine, where the town is awaiting an affidavit from an abstractor that is needed to proceed with a lawsuit. Town legal staff said they are exploring ways to move forward while obtaining the affidavit.

"We are still waiting on an affidavit from the abstractor that's needed to be filed," the speaker identified as Jay said. He told the board the town could file the lawsuit and secure the affidavit later but emphasized the affidavit is needed for the suit to proceed. The mayor said officials want to see forward progress on the matter.

Board members and staff discussed securing the building to prevent entry and vandalism while the legal process moves forward. Jay said the town can take government action to secure the property if it is dangerous: send a letter to the owner giving seven days to remedy the condition and, if the owner does not comply, the town can board windows and secure back entrances itself.

"We always could secure it ... You'd send a letter just like you would as if it wasn't subject to this tax sale, and then you'd say if it's not fixed in 7 days, we're gonna go do it ourselves," Jay said. Officials noted they had discussed methods with staff and that securing a property is an available government action when safety or neglect warrants it.

Next steps: staff said they will continue to pursue legal options, attempt to obtain the abstractor's affidavit, and in the interim may send notice to the property owner and prepare to secure the building if no corrective action is taken.